prescription

What is the name of your state (only U.S. law)? georgia

can you be fired from a job for testing positive for a controlled substance that you have a prescription for?

the company has NO handbook or policy in place concerning this.

i've never acted in any way to make anyone think i was under the influence of anything. i have been taking darvocet, as prescribed by my dentist, for a tooth problem for about a year, without issue. i only take it occasionally, when my tooth is really bothering me.

i hurt my back and got sent to the dr. for workers comp. they did a drug test, which is standard procedure. the only thing that showed up was ppx (darvocet). but like i said, i'm supposed to be taking it. ironically, i hadn't taken it in 3 or 4 days prior to taking the test, but apparently it stays in your system in trace amounts for a while.

I thought you were fired for excessive absenses and not over the failed drug test?

Whatever the case, the answer to your question was provided by cbg in the other thread you posted on this same matter in the Libel section of the forum.

It generally does not help you much, by the way, to post the same question over and over again in different areas of this forum, hoping for a different response with each new posting. If you have doubts about the accuracy of any information you have been provided, your best bet is to review all of the facts of your situation with an attorney in your area.

Yes. You can be fired from a job for testing positive for a controlled substance that you have a prescription for.

This is true regardless of whether or not there is a handbook or policy concerning this or not.

I hope that this is now completely clear to you.

quincy said:

I thought you were fired for excessive absenses and not over the failed drug test?

Whatever the case, the answer to your question was provided by cbg in the other thread you posted on this same matter in the Libel section of the forum.

It generally does not help you much, by the way, to post the same question over and over again in different areas of this forum, hoping for a different response with each new posting. If you have doubts about the accuracy of any information you have been provided, your best bet is to review all of the facts of your situation with an attorney in your area.

Click to expand...

as my situation has changed from the beginning, i figured it would be best to get it in the correct forum.

once my question of UI & WC turned to questions of slander and such, i posted in that forum.

then when it turned to the legality of drug policies, i put it in the drug forum.

what's the problem with that?

isn't that why there are different forums?

maybe you haven't followed my ordeal from the beginning. my seperation notice says i was fired for excessive absences, but they are telling people they fired me for failing a drug test.

i asked the different questions in different forums assuming there were resident experts in each subject. i didn't realize it would be the same people following me from forum to forum saying the same thing over and over again.

cbg said:

Yes. You can be fired from a job for testing positive for a controlled substance that you have a prescription for.

This is true regardless of whether or not there is a handbook or policy concerning this or not.

I hope that this is now completely clear to you.

Click to expand...

do you have a link or something i can read that states this, or is this just your opinion?

i've read some things that say this is descrimination and invasion of privacy.

In employment law, there does not have to be a law giving an employer permission to do something. It is legal unless there is a law that prohibits it. That is not my opinion. That is fact.

"People who fail drug tests" are not a protected group under Federal law. In GA, the laws regarding drug testing ONLY apply to employers who are looking for a discount for their workers comp under a drug-free-workplace program, and even then there is still no general prohibition against firing an employee who fails the test. So it is not, by definition, illegal discrimination.

In the absence of a specific privacy laws that the firing violate, and there isn't one in GA, it is not legally invasion of privacy either.

The problem with duplicate threads in different forums is that you're going to find the same responders on different forums, so if you're looking to get different responses by posting multiple times, it's not going to happen. No one is "following you from forum to forum". Look at who does the responding to other posts in those forums, and you'll see the same names.